6. FAMILY LAW RULES ADMINISTRATION OF FAMILY LAW LITIGATION MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

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1 6. FAMILY LAW RULES ADMINISTRATION OF FAMILY LAW LITIGATION 6.1 CITATION These family law rules should be cited as "Marin County Rule, Family" or "MCR Fam" followed by the rule number (e.g., Marin County Rule, Family 6.1, or MCR Fam 6.1). For the purposes of these rules, parties means actual parties, counsel for parties and selfrepresented litigants. [Rule 6.1 adopted effective 5/1/98; amended 7/1/15] 6.2 APPLICATION OF RULES These rules are intended to supplement California law and Rules of Court, and to cover family law programs specific to Marin County. In the event of any inconsistency between these rules and any California statute or any of the rules in the California Rules of Court, the latter statute and/or rule shall control. Family Law matters include all matters related to the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction and Enforcement Act, and any other matters in which family law issues are present. [Rule 6.2 adopted effective 5/1/98; amended 7/1/15] 6.3 ASSIGNMENT TO JUDICIAL OFFICER All family law matters, with the exception of those in which the Department of Child Support Services (DCSS) appears, shall be assigned for all purposes (other than settlement conferences) to a Family Law Judge. In the absence of the assigned judge, the case is temporarily reassigned by the Presiding Judge to the other judge hearing such family law cases. If a disqualification pursuant to Code of Civil Procedure 170 et seq. is filed, the case will be assigned by the Presiding Judge. Matters in which DCSS appears will be assigned to the Child Support Commissioner for all appearances concerning child support so long as DCSS is appearing. Assignment of matters will be made at the time the petition or initial pleading or motion to modify is filed. [Rule 6.3 adopted effective 5/1/98; amended 7/1/15] 6.4 CONFORMED COPIES OF FILINGS If a conformed copy is desired, an additional copy must be submitted. The Court will conform a maximum of two copies of any pleading at the time of filing. Parties requesting that the Court mail them conformed copies of their filings must provide a self-addressed stamped envelope of proper size and with sufficient postage. If no envelope is provided, the conformed copy will be placed in the Will Call cabinet in the Clerk s Office in Room 113 for a maximum of sixty (60) calendar days. If the envelope provided or the postage is insufficient to mail the conformed copy, it will be placed in the Will Call cabinet for a maximum of sixty (60) calendar days. [Rule 6.4 adopted effective 5/1/98; amended 7/1/15] 75

2 6.5 FAMILY CENTERED CASE RESOLUTION A. Policy and Effective Date. It is the Court s policy to benefit the parties by providing judicial assistance and management to the parties for the purpose of expediting the processing of the case, reducing the expense of litigation, and focusing on early settlement. This rule applies to all actions for marital dissolution (except summary dissolution), nullity, legal separation, domestic partnership dissolution, establishment of parental relationship, and such other cases assigned to the program by the Supervising Family Law Judge filed after January 1, B. Forms to be Issued by Clerk Upon Filing of Petition. Upon the filing of a petition in a family law action, the petitioner shall receive the following from the Clerk: 1. Notice of Case Assignment and First Case Progress Conference; 2. Petitioner s Guide and Resource List; 3. Respondent s Guide and Resource List. C. Service of Summons and Petition - Forms to be Served on Other Party. The petitioner shall serve the following documents on the opposing party: 1. Summons, Petition, and petitioner s completed Declaration Under Uniform Child Custody Jurisdiction Enforcement Act; 2. Blank form of Response; 3. Blank Declaration Under Uniform Child Custody Jurisdiction Enforcement Act; 4. Notice of Case Assignment and First Case Progress Conference; 5. Respondent s Guide and Resource List. D. Case Progress Conferences. 1. Calendar. The first Case Progress Conference shall be set 120 days after the filing of the Petition. This Conference shall be dropped from the calendar if a judgment resolving all issues has been filed before the date of the first Case Progress Conference. 2. Service of Case Progress Questionnaire. Each party must file and serve a Case Progress Conference Questionnaire at least five (5) court days prior to each Case Progress Conference. The Case Progress Conference Questionnaire is a local form (FL003) available in the Clerk s Office, at Legal Self Help Services, or online at 3. Continuances of Case Progress Conference. The Court allows the parties one stipulated continuance of the first Case Progress Conference up to 150 days at no charge. Prior to the court date, the parties shall file a Stipulation & Order to Continue Case Progress Conference, which is a local form (FL007) available in the Clerk s Office, at Legal Self Help Services, or online at The Court will require parties to pay the applicable filing fees for any further stipulations to continue Case Progress Conferences. 4. Purpose. At the Case Progress Conference, the Court will review the status of the case, determine whether the parties have filed proof of service of their 76

3 preliminary declaration of disclosure as required by Family Code 2104, and discuss discovery plans, settlement options, alternative dispute resolution, and unresolved issues. The Court may make orders as authorized by Family Code 2450 and Appearance Mandatory. Appearance at the Case Progress Conference, either by counsel or, if the party is self-represented, the party, is mandatory. The case is subject to dismissal if both parties fail to appear at the Case Progress Conference. (Code of Civil Procedure 575.2(a).) [Rule 6.5 adopted effective 1/1/06; amended 7/1/15] 6.6 EX PARTE MATTERS AND ORDERS A. Ex Parte Applications. All ex parte applications shall be made to the assigned judicial officer unless that judicial officer is unavailable. All applications for ex parte relief will be heard in the assigned family law department at that department s calendar start time, Monday through Friday. Ex parte matters involving the Department of Child Support Services (DCSS) will be heard at the beginning of the regularly scheduled DCSS calendar. The ex parte procedure shall be used only in emergencies. At the time of the hearing parties should be prepared to make a showing justifying their emergency to proceed ex parte. The ex parte application filing fee shall be paid in the Clerk s Office prior to the hearing in a department. B. Conditions for Issuance of Ex Parte Orders. Before submitting ex parte applications, parties shall comply where applicable with, Family Code 2045, , and CRC et seq., including all requirements for a declaration setting forth that notice to the other party has been given or, alternatively, the reason notice has not been given. A party seeking an ex parte order shall notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances. Notice of the appearance at the ex parte hearing may be given by telephone, in writing, or by voic message. The party seeking the order must notify the Court by calling (415) and leaving a message no later than 10:00 a.m. the court day before the ex parte appearance. Parties appearing at the ex parte hearing shall serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing shall be conducted unless such service has been made. C. Orders Shortening Time. If an order shortening time for the hearing and/or service is requested, the supporting declaration shall state whether the responding party has been contacted and has agreed to the date and time proposed for the hearing and/or service. If the responding party has not been contacted or has not agreed to the proposed setting, the supporting declaration shall clearly demonstrate why the hearing and/or service should be set on the proposed date without the consent of the responding party. Provision for immediate delivery of the pleading to responding party should be set forth in the order. If an order shortening time is granted, it shall state on its face a reasonable schedule for filing of responsive and reply declarations. [Rule 6.6 adopted effective 5/1/98; amended 1/1/18] 77

4 6.7 SPECIAL PROCEDURES FOR RESTRAINING ORDERS AND INJUNCTIVE RELIEF PERTAINING TO DOMESTIC VIOLENCE (FAMILY CODE ) Applicants for protective orders under Family Code 6200 et seq. (Domestic Violence Prevention Act) shall file their request for restraining order in any existing or concurrently filed Family Law/Parentage action rather than file a new case. There is no filing fee for domestic violence restraining orders. A party seeking the protection of a court restraining order may obtain the necessary forms and information about how to file for a temporary restraining order in the Clerk s Office or at Legal Self Help Services. The Clerk s Office and Legal Self Help Services also have instruction pamphlets and referrals to agencies that may assist with filling out the forms. An applicant for a domestic violence restraining order must submit a Request for Order (DV-100), Temporary Restraining Order (DV-110), Notice of Court Hearing (DV-109), Description of Abuse (DV-101), and blank Restraining Order After Hearing (DV-130) and give it to the clerk in room 113 before 10:30 a.m., Monday through Friday. (An applicant may need additional forms if he or she has children with the proposed restrained party.) The clerk will give the completed forms to a judge to review. The applicant may pick up the temporary restraining order documents at the Clerk s Office between 1:30 p.m. and 2:30 p.m. The clerk will set a date for the hearing. If the applicant for a domestic violence restraining order seeks to modify an existing order regarding custody and/or visitation, in the supporting declaration the applicant should explain why ex parte notice of the request was not given to the proposed restrained party. [Rule 6.7 adopted effective 5/1/98; amended 7/1/15] LAW AND MOTION AND REQUEST FOR ORDER PROCEEDINGS 6.8 FORMAT OF SUPPORTING DOCUMENTS AND EXHIBITS A. Minimize Number of Attachments. The Court discourages the practice of attaching voluminous and numerous exhibits to declarations and points and authorities used in Law and Motion or Request for Order proceedings. Quote the applicable portion of a document, correspondence, deposition, or pleading, at the appropriate point in a declaration or points and authorities rather than use an attachment. However, if it is believed to be necessary to attach supporting documents and exhibits, then such documents and exhibits shall be submitted in an organized fashion, i.e., pages numbered, marked, separated, and tabbed (on bottom). B. Discovery Motions. All motions or requests for order pursuant to The Civil Discovery Act (Code of Civil Procedure ) presented for filing must state Discovery Motion on the caption page. C. Discovery Exhibits. A party relying on discovery materials such as interrogatory answers, deposition testimony, or responses to requests for admissions shall properly authenticate such evidence. Any exhibits should be limited to those questions and answers, testimony and/or responses relevant to the issues presented. Deposition testimony must be preceded by the title page of the transcript indicating the name of the deponent and the date of deposition; only relevant pages of the transcript shall be included. The original page numbers 78

5 of the deposition must be clearly visible, and the material portions of the deposition testimony shall be highlighted. D. Prior Court Order. Where a prior order of the Court is relevant, it is not necessary to submit a copy of the entire order as a separate exhibit. Instead, reference may be made to the date the order was filed and the pertinent language of the order (or a summary if not in dispute). E. Attachment of Previously Filed Documents. Parties shall not attach previously filed documents to a pleading, pending motion or request for order. F. Address Verification in Post-Judgment Proceedings. In all post-judgment proceedings, parties must submit an Address Verification Declaration for Post-Judgment Request for Order. The Address Verification Declaration is a Local Form (FL070) available in the Clerk s Office, at Legal Self Help Services, or online at [Rule 6.8 adopted effective 5/1/98; amended 7/1/15] 6.9 HEARING DATES The Clerk s Office will assign all motion and request for order hearing dates at the time the motion or request for order is filed unless otherwise ordered by the Court. Parties cannot reserve dates or obtain them over the telephone. [Rule 6.9 adopted effective 7/1/14; amended 7/1/15] 6.10 CONTINUANCES After service, three continuances, by agreement, may be obtained by telephoning the Clerk s Office at (415) no later than 4:00 p.m., three (3) court days before the hearing date, and paying the continuance fee, regardless of whether a response has been filed. A confirming letter must be sent by the party requesting the continuance to the Clerk with a copy to the opposing party. Additional continuances, or continuances within three (3) court days of the hearing date, may not be by stipulation but only by order of the Court upon a showing of good cause. [Rule 6.10 adopted effective 5/1/98; amended 7/1/15] 6.11 REMOVING MATTERS FROM CALENDAR A matter with opposition on file may be taken off calendar only by agreement. An unopposed matter may be taken off calendar unilaterally by the moving party. The parties, their attorneys, or their authorized representatives shall so notify the Law and Motion Clerk by telephone no later than noon on the date the tentative ruling is to be released; otherwise, a tentative ruling will be issued. This notification shall be followed by a written transmittal signed by the party and/or the attorney confirming that the matter is to be taken off calendar. [Rule 6.11 adopted effective 5/1/98; amended 7/1/15] 6.12 HEARINGS A. Tentative Rulings. Marin County utilizes a tentative ruling system pursuant to CRC for family law cases set for hearing on the Law and Motion and Request for Order Calendar. The moving party in any family law matter shall attach to any Order to Show Cause or Request for Order the Notice to Parties in Family Law Matters, a Local Form (FL008) available in the Clerk s Office, at Legal Self Help Services, or online at 79

6 concerning the availability of tentative rulings by telephone. The moving party s proof of service shall indicate that this notice has been served or the hearing may be continued on the Court s own motion or on request of the party aggrieved by the noncompliance. B. Obtaining Tentative Rulings. Parties may obtain tentative rulings online ( or by calling (415) from 2:00 to 4:00 p.m. on the court day preceding the scheduled hearing. Family law cases that are designated as confidential by California law will not be posted online. Tentative rulings in those matters may be obtained by telephone from the judicial secretary at (415) Confidential cases include matters involving unmarried parents. C. Oral Argument. If a party wants to present oral argument, the party must contact the Court at (415) and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may consist of a phone call or to all other parties that argument is being requested (i.e. it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. If oral argument is not requested, the tentative ruling shall become the order of the Court. D. Length of Hearings. Non-evidentiary hearings on the Law and Motion and Request for Order Calendar are limited to a maximum of 20 minutes. [Rule 6.12 adopted effective 5/1/98; amended 7/1/15] 6.13 FINANCIAL INFORMATION TO BE PROVIDED TO THE COURT A. Income and Expense Declaration With Supporting Documentation. A fully completed Income and Expense Declaration shall be filed by each party with their moving or responsive papers in all proceedings involving requests for child support, spousal support, attorney s fees, or other financial relief. B. Full Financial Disclosure. A fully completed Income and Expense Declaration shall include all facts relevant to the parties' employment status, income, living arrangements, and payment of household expenses. Those facts include but are not necessarily limited to: 1. Commission, bonuses and overtime, with 2-year history and amounts. 2. All employment benefits, whether in cash or in kind, with 2-year history and amounts. 3. If depreciation has been claimed as a deduction or reduction of income, it must be explained and justified. Ordinarily, depreciation will be disregarded as a noncash item. 4. If annual income fluctuates, an income history of not less than 2 years, and description of the method used to calculate monthly income. 5. The identity of each income producing household member, the relationship of each to the party, gross and net income, contributions to household expenses, and financial arrangements, if any, between each household member and the party. 6. If a party is unemployed, an explanation must be provided. If relevant, a description of the party's most recent employment, reason for and verification of termination, gross and net income prior to termination, and a description of all efforts 80

7 to seek employment since termination, if any, shall be set forth. If a party is disabled, retired or incarcerated, all pertinent facts shall be set forth. C. Required Supplemental Documentation. In all proceedings where child or spousal support is an issue, in addition to filing fully completed Income and Expense Declarations, each party is required to serve on the opposing party and lodge (under seal) the following additional financial information and documentation: copies of the party s two most recent state and federal income tax returns and all K-1's for those years; documentation of all income of the filing party since the period covered by his/her most recent tax return (including W-2's, 1099's and K-1's); and copies of the two most recent federal income tax returns filed by any entity in which the party has or has had a 25% or greater interest within the past two years, together with statements of current income and expenses and current assets and liabilities of each such entity. A self-employed party shall provide his or her most recent annual business profit and loss or financial statement, together with current year to date profit and loss or financial statement for the business. These materials shall be served and lodged no later than the dates by which the parties' moving or responsive pleadings are due. All materials lodged under seal pursuant to this Rule may be returned upon request to the party submitting same at the conclusion of the hearing unless ordered to be retained by the Court. Such records are confidential and may not be used for purposes other than court proceedings. Such materials will be destroyed by the Court within a reasonable time after the hearing unless the submitting party requests their return. D. Support Calculations. In all matters where child or temporary spousal support is an issue, a support calculation and explanatory declaration shall be filed, setting forth the assumptions and calculations utilized by that party to determine gross and net income figures, the amounts of child and spousal support calculated pursuant to current state law and/or guidelines, and any other assumptions used in calculating the support, including time-share, tax filing status, etc. If it is contended by either party that the guideline or presumed level of support is inappropriate, that party's declaration shall set forth his or her calculation of the amount alleged to be proper and the reasons therefor. Such declaration shall include all reasons or justifications urged by the party for varying from the guideline support levels. Further: 1. The responding party's calculations/declaration shall be filed and served with the response. The moving party's calculations/declaration shall be filed and served with the reply. party. 2. The support calculations and explanatory declarations shall be signed by the The Family Law Facilitator is available to assist self-represented parties in preparing child and/or spousal support calculations. [Rule 6.13 adopted effective 5/1/98; amended 7/1/15] 6.14 CHILD AND SPOUSAL SUPPORT PROCEEDINGS A. Computer Software Use. All family law departments except DCSS use the Dissomaster program to calculate guideline child support and temporary spousal support. DCSS uses the California Guideline Child Support Calculator. B. Temporary Spousal Support. The following presumptions for temporary spousal support will apply: 81

8 1. In cases where the recipient of spousal support is not receiving child support from the same payor, the presumed temporary spousal support will be 40% of the net income of the payor less 50% of the net income of the payee. 2. In cases where the recipient of spousal support is also the recipient of child support from the same payor, the presumed temporary spousal support will be 35% of the net income of the payor (after deduction of child support), less 45% of the net income of the payee (without addition of child support). The Court may deviate from the presumed level of temporary spousal support, in its discretion, for good cause shown. C. Calculation of Time-Share With Children. For purposes of determining the time-share factor for calculation of child support, the Court will use the following guidelines: 1. Full weekend = End of school Friday to beginning of school Monday = Three (3) days. 2. Short weekend = Dinner time Friday to dinner time Sunday = Two (2) days. 3. One evening per week = After school to after dinner = One-half (1/2) day. 4. One night per week = After school overnight = One (1) day. 5. Summer = Twelve (12) weeks = Eighty-four (84) days. 6. Holidays: a. Christmas school vacation = Fourteen (14) days. b. Thanksgiving = Four (4) days. c. Spring or Easter break = Seven (7) days. d. Other holidays: Normally includes President's Day, Memorial Day, Mother's or Father's Day, Independence Day, Labor Day, Veteran's Day. Each equals one (1) day. The Court strongly discourages the counting of hours in determining time-share. By way of example, the Court will presume the following time-share percentages for the following scenarios: - Alternating full weekends = 78 days = 20% - Alternating short weekends = 52 days = 15% - Alternating full weekend + one month in summer = = 102 days = 30% - One full weekend per month = 10% - Three days per week = 45% - Four days per week = 55% The Court may vary from these time-share guidelines in its discretion for good cause shown. D. Modification. Every motion to modify child or spousal support shall include a declaration setting forth the following: 1. The date of the prior order. 82

9 2. The amount of the prior order. 3. Each party's gross and net incomes at the time of the prior order and the findings on which the prior order was based. order. 4. A specification of the substantial change in circumstances since the last [Rule 6.14 adopted effective 5/1/98; amended 1/1/17] DISCOVERY MATTERS 6.15 GENERAL DISCOVERY PROVISIONS A. Policy Regarding One Deposition Rule. The Court construes the one deposition rule of Code of Civil Procedure as permitting the taking of a bifurcated deposition. For example, a party may be required to appear for a deposition concerning the limited issues raised by an application for temporary relief and thereafter to submit to further deposition on other issues. Where issues in a particular case have been ordered bifurcated, the deposition of a party also may be bifurcated and separate depositions taken which are limited to those issues to be addressed in each stage of the bifurcated proceeding. Parties electing to conduct a bifurcated deposition under this rule shall, in the deposition notice, conspicuously state such election and clearly specify the issue(s) to be addressed at the bifurcated deposition. [Rule 6.15 adopted effective 5/1/98; amended 7/1/15] 6.16 DISCOVERY FACILITATOR PROGRAM A. Participation in the Discovery Facilitator Program. Parties to a dispute regarding discovery in a family law case may participate in the Program by stipulation or may be referred to the Program by order of the Court. 1. Before the Filing of a Discovery Motion. The parties may request referral to the Program, before the filing of a discovery motion, by submitting a stipulation for such a referral to the ADR Coordinator. The filing of such stipulation will toll the time for filing a motion to compel discovery of the disputed issues until notice of resolution of the discovery dispute is filed with the Court. 2. Upon the Filing of a Discovery Motion. Upon the filing of any Request for Order (RFO) or Motion to Compel Discovery, the RFO or Motion will be immediately referred to the Discovery Facilitator Program. B. Discovery Motions. All discovery motions shall be clearly labeled as such in the caption of the pleading. C. Discovery Facilitator Panel. A list of qualified Discovery Facilitators shall be maintained in the Court. Each panelist on the list must be an active member of the State Bar licensed for at least 10 years or a retired judge. D. Selection of a Discovery Facilitator. The Discovery Facilitator shall be selected as follows: 1. The ADR Coordinator shall select, at random, a number of names from the panel of qualified Discovery Facilitators equal to the number of sides plus one, and shall prepare a list of the names of the randomly selected Discovery Facilitators. 83

10 2. Upon agreement on the selection of a Discovery Facilitator the ADR Coordinator shall be notified of such agreement within ten (10) calendar days following the date of the stipulation or order. If the parties cannot agree on a Facilitator, then within such 10 calendar day period, each side shall submit a written rejection to the ADR Coordinator identifying no more than one name on the list of potential Facilitators that is not accepted. 3. Promptly on the expiration of the 10 calendar day period, the ADR Coordinator shall appoint one of the persons on the list who was either agreed upon or whose name was not rejected to serve as Discovery Facilitator. 4. The ADR Coordinator shall promptly assign the case to the Discovery Facilitator and shall serve the Notice of Appointment of Discovery Facilitator on all parties and on the Discovery Facilitator. Upon receipt of the Notice of Appointment of Discovery Facilitator, the parties shall promptly deliver to the Discovery Facilitator copies of such pleadings and discovery as is necessary to facilitate resolution of the dispute. E. Facilitator Process. The Discovery Facilitator shall establish the procedures in each case to be utilized by the parties, through telephone conferences, exchange(s) of letters or s and/or in-person conferences, for discussion and attempted resolution of the discovery dispute. F. Compensation. Beginning from the time the Discovery Facilitator receives notice from the parties or the Court of his or her appointment, the Discovery Facilitator shall devote up to two (2) hours, without charge to any of the parties, in an attempt to facilitate resolution of the discovery dispute. In the event a resolution cannot be achieved within that period of time, the parties may agree to continue to confer with the Discovery Facilitator provided that agreement is reached between and among the parties and the Discovery Facilitator as to compensation of the Discovery Facilitator. G. Resolution. If a discovery motion or request for order is pending and resolution of the discovery dispute is achieved, no later than five (5) calendar days before the scheduled law and motion hearing date the motion shall be withdrawn by the moving party and dropped from calendar. H. Declaration of Non-Resolution. If a pending motion or request for order is not resolved with the assistance of the Discovery Facilitator, each party shall file and serve five (5) court days prior to the hearing a pleading entitled Declaration of Non-Resolution no longer than three pages briefly summarizing the remaining disputed issues and each party s contentions. The caption of the Declaration of Non-Resolution shall include the name of the motion and the date of the hearing. If the Declaration of Non-Resolution is not filed prior to the hearing date, the Court will presume the discovery issues are resolved and drop the hearing from calendar. [Rule 6.16 adopted effective 7/1/15; amended 7/7/17] 84

11 CHILD CUSTODY/VISITATION 6.17 PROCEDURES A. Initial Child Custody Recommending Counseling. Any Request for Order will be referred, through the Clerk s Office, to Family Court Services of the Marin County Superior Court for orientation and child custody recommending counseling (hereinafter CCR counseling ). CCR counseling is an opportunity for the parents to work with a child custody recommending counselor (hereinafter CCR counselor ), either together or separately, in order to create a detailed agreement that suits their children s specific needs. This agreement will be signed by a judicial officer and become the custody order. Absent an agreement between the parties, the CCR counselor will make a written recommendation for an order of custody and visitation. Such report will be available to each party prior to the hearing. As to the CCR counseling process, the parties are referred to the Child Custody Recommending Counseling Orientation Booklet available through Family Court Services. B. Existence of Criminal Protective Order. When issuing child custody or visitation orders, the family court will make reasonable efforts to determine whether there exists a criminal protective order that involves any party to the action. C. Documents Provided to the CCR Counselor. Parties shall not submit original documents (e.g. school records, medical records, etc.) to the CCR Counselor. If parties wish to provide documents to the CCR Counselor to be considered in the CCR Counselor s report and recommendations to the Court, the parties shall provide copies of these documents to the CCR Counselor. The CCR Counselor will not return any such documents to the parties following submittal of the report and recommendations or at any later time. Any documents provided to the CCR Counselor must also be provided to the opposing party at the time they are submitted to the CCR Counselor. D. Contact With Family Court Services. Ex parte communication in child custody proceedings is governed by Family Code 216 and CRC Parties who submit written communications to Family Court Services regarding issues raised in the Request for Order must provide a copy to the other party at the same time it is provided to Family Court Services. E. Statement of Agreement/Disagreement with FCS Recommendations. Both parties may file and serve a Statement of Agreement/Disagreement with Family Court Services Recommendations (FL027), which is a Local Form available in the Clerk s Office, at Legal Self Help Services, or online at at any time before the custody/visitation hearing. F. Settlement Conferences. Upon the request of either party, or on the Court s own motion, the Court may set a contested custody/visitation matter for a settlement conference. Both parties are required to appear in person at the settlement conference and to appear with counsel if he/she is represented. The Court may, in its discretion, appoint a panel to assist the Court and the parties at the settlement conference. The panel may include attorneys, mediators, and/or mental health professionals. Experience requirements for panelists may be obtained from the Court s Alternative Dispute Resolution Coordinator ( ) or from the Court s website. Any such panelists will be appointed to serve as the Court s own expert pursuant to Evidence Code 730, and the Court may find good cause to permit the panelists to review Family Court Services recommendations and other confidential information in the file, pursuant to Family Code

12 G. Intake Sheet Required. Petitioners and Respondents with minor children who are ordered to Family Court Services for custody and visitation matters shall submit a fully completed FCS Intake Sheet to the Court. The Family Court Services Intake Sheet (FL016) is a Local Form available in the Clerk s Office, at Legal Self Help Services, or online at H. Interview of Child and Child in Court. 1. Counsel (except for court-appointed counsel for a child(ren)) are prohibited from interviewing children for any purpose whatsoever. 2. The CCR counselor may interview the child as appropriate. 3. Within the guidelines and provisions of Family Code 3042 and CRC 5.250, it is the policy of the Court not to have any child in the courtroom or at any Court proceedings without the Court's prior consent. Children shall remain in the corridor outside of the courtroom or elsewhere in the courthouse in the care of a responsible adult, if for unavoidable reasons they must be brought to court. I. Child Endangerment. If, during CCR counseling, a concern arises about a child's immediate well-being (serious abuse, neglect or endangerment), the CCR counselor shall refer the case to Child and Family Services (CFS) for investigation and notify the parties, counsel, and Court by written memorandum. CCR counseling shall be stayed during the investigation by CFS. The CCR counselor will continue to monitor the case and shall resume CCR counseling upon being notified by CFS of the conclusion of the investigation. J. CCR Counselor Recommendations and Testimony. Marin County is a recommending County. (See Family Code 3183.) Any subpoena requiring the appearance of a Family Court Services CCR counselor/evaluator at deposition or trial shall be hand delivered to Family Court Services at least ten (10) days prior to the appearance date with fees deposited as required by Government Code No deposition of a Family Court Services CCR counselor or of an evaluator who is appointed pursuant to Family Code 3111 and/or Evidence Code 730 may be taken in the absence of a Court order authorizing the deposition. K. CCR Counselor Complaint Procedure. The procedure for processing a complaint concerning a Family Court Services CCR counselor shall be as follows: 1. The complainant must register the complaint in writing with the manager of Family Court Services, who will make a record of the complaint. 2. The manager will conduct an investigation of the matter including consultation with the CCR counselor. Within fifteen (15) days, the manager will determine whether to replace the challenged CCR counselor, add a second CCR counselor to the case, or take no action. The date and action will be recorded by the manager and the complainant will be informed promptly in writing. 3. The complainant may appeal the manager s action by noticed motion to the Judge of the Family Law Department. The Judge will rule on the complaint within fifteen (15) days of the date of the hearing. [Rule 6.17 adopted effective 5/1/98; amended 1/1/17] 86

13 6.18 COUNSEL FOR CHILD A. Appointment of Attorney for Child. Appointment of counsel for a child will be in compliance with Family Code 3150 and CRC 5.242; any such attorney is required to complete Judicial Council Form FL-322 and submit it to the Court. B. Complaint Procedure for Minor s Counsel. In a family law proceeding in which the Court has appointed counsel for minor children, any party or counsel or minor child may present a complaint about the performance of appointed counsel. The complaint must be in writing, filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk of the Supervising Family Law Judge. The Supervising Family Law Judge shall respond to the complaint, either by setting the matter for hearing or by issuing a written response. [Rule 6.18 adopted effective 5/1/98; amended 1/1/13] 6.19 CHILD CUSTODY EVALUATIONS A. Child Custody Evaluators. This rule is adopted to implement CRC 5.220(d)(1). B. Appointment. Appointment of a child custody evaluator will be in compliance with CRC on Judicial Council Form FL-327; any such evaluator is required to submit Form FL-325 to the Court Executive Officer. C. Contact With Evaluator. No attorney for any party shall initiate any oral or telephone contact with an evaluator to discuss the merits of the case. Any written material provided by a party shall be maintained by the evaluator and, following completion of the evaluation, be provided to either party upon written request from the party/attorney. This does not apply to raw data of the evaluator. D. Raw Data of Evaluator. If either party wishes access to the raw data of the evaluator, then upon appropriate subpoena, the evaluator will deliver copies of the raw data only to a qualified expert. E. Report of Evaluator. The evaluator shall deliver a copy of the report to the Court and to the parties attorneys and to any unrepresented party. If the evaluator believes that providing the report directly to a party will create a clear and present danger of personal injury or harm to a party or child, the Court may issue protective orders or any other orders that the Court may deem appropriate. F. Prohibition of Dissemination of Report. No party or attorney shall give, show or describe an evaluation report or any part of it to anyone other than his or her own experts. This means that they are specifically prohibited from showing, giving or describing the report or any part of it to any member of the public, to any child of the parties (except that an attorney for a child may discuss the report with his/her client or, in appropriate cases, allow the child to read it or have a copy), anyone connected with either party, including, but not limited to employers, employees, friends, relatives, teachers, mental health professionals other than those treating the minor child and/or the party providing the report. Except by court order, no party shall give, show or describe any part of the report dealing with the other party or the child to the mental health professional treating the party providing the report. A copy of the report may be given, without court order or stipulation, to any appointed Special Master, attorney for a child, or professional performing services in connection with a recommendation of the evaluator, Special Master, or attorney for a child. 87

14 G. Peremptory Challenge to Evaluator. No peremptory challenge is allowed to a Court-appointed evaluator, whether such person is a Family Court Services staff member, any county employee, or a mental health professional. (See CRC 5.220(d).) H. Withdrawal by Evaluator. A Court-appointed evaluator may petition the Court to withdraw from a case. Any such petition shall be served on all parties, and may be made on any of the following grounds: 1. Both parties have refused to cooperate with the evaluator, making it impossible or unreasonably difficult for the evaluator to complete his/her responsibilities. 2. One or both parties have harassed or annoyed the evaluator, or have made threats of physical or emotional harm to the evaluator, making it impossible or unreasonably difficult for the evaluator to complete his/her responsibilities. 3. One or both parties have failed to complete their financial obligations to pay the evaluator for the cost of the evaluation as ordered by the Court. 4. Any other good cause for allowing withdrawal. I. Evaluator Complaint Procedure. The procedure for processing a complaint concerning a court-appointed evaluator shall be as follows: 1. The complainant shall attempt to resolve the matter with the evaluator before pursuing his/her complaint as provided in this rule. 2. Except in extraordinary circumstances, complaints about the performance of an evaluator shall be addressed after issuance of the evaluation report. 3. Written notice of a complaint, specifying the conduct objected to, shall be provided to the evaluator and the other party and lodged with the Court by direct delivery to the judge within twenty (20) days after issuance of the evaluation report. A written response from the evaluator (and the other party, at his/her election) shall be provided to both parties, as well as lodged with the court, no later than ten (10) days after the complaint was provided to the evaluator, the other party, and the Court. 4. Within ten (10) days after receipt of the evaluator s response the Court shall issue a written statement as to what action, if any, it deems appropriate to deal with the complaint including, but not limited to, finding that the complaint is not justified and no action will be taken, setting a settlement conference, setting a hearing, appointing an adjunct evaluator, or removing the evaluator from the case. 5. If either party or attorney for a minor is not satisfied with the Court s determination, he/she may file a motion requesting other specified relief. Such motion shall be served on the evaluator as well as the other party. The evaluator shall appear at the hearing. The cost of the evaluator s appearance shall be advanced by the complainant, with the Court reserving jurisdiction over the allocation of such cost. J. Fees. The Court will determine and allocate between the parties any fees or costs of the evaluation. K. Evaluator Domestic Violence Training. In December of each year, the Court will send a letter to all known child custody evaluators requesting their certificates of completion of the annual update training in domestic violence. Any evaluator who fails to provide the 88

15 certificate of completion will be ineligible for appointment in the following calendar year. (See CRC 5.230(f).) L. Submission of Child to Evaluation. If an evaluation is ordered by the Court, neither parent shall subject the child to further examination or evaluation by another expert without the consent of the Court or of the Court-appointed counsel for the child. [Rule 6.19 adopted effective 5/1/98; amended 7/1/15] 6.20 SUPERVISED VISITATION The court maintains a list of professional visitation supervisors who have certified their qualifications per Family Code That list may be obtained from Court Administration. [Rule 6.20 adopted effective 7/1/09; amended 1/1/14] 6.21 PARENTING COORDINATOR In cases in which a Court-ordered parenting plan is in place, the parties may stipulate to the appointment of a Parenting Coordinator. A Parenting Coordinator may only be appointed by agreement of both parties and the proposed Parenting Coordinator. The parties are encouraged to use the Stipulation and Order Re: Appointment of Parenting Coordinator (Local Form FL041, available in the Clerk s Office, at Legal Self Help Services, or online at in connection with the appointment of a Parenting Coordinator. Any modifications to the provisions of this Local Form must be agreed upon in writing by the parties and the Parenting Coordinator, and approved by the Court. [Rule 6.21 adopted effective 1/1/15; amended 7/1/15] TRIAL SETTING/READINESS AND BENCH/BAR SETTLEMENT CONFERENCES 6.22 TRIAL READINESS CONFERENCE A. At-Issue Memorandum. Neither party shall file an At-Issue Memorandum until both parties have served a preliminary declaration of disclosure, or pursued available remedies, as set forth in Family Code 2103 and The At-Issue Memorandum is a Local Form (FL018) available in the Clerk s Office, at Legal Self Help Services, or online at B. Mandatory Trial Readiness Conference. Upon the filing of an At Issue Memorandum, the Clerk shall send to each party a Notice of Mandatory Trial Readiness Conference, the purpose of which is to develop a case progress plan tailored to the particular needs of each case and to give the parties adequate time to prepare before a Bench/Bar Settlement Conference is set. No case shall be set for a Bench/Bar Settlement Conference without first having had a Mandatory Trial Readiness Conference. 1. Appearance Required. Represented parties may appear through counsel and self-represented parties are required personally to appear at the Mandatory Trial Readiness Conference. 2. Trial Readiness Conference Statement. Each party shall serve and file with the Court a Trial Readiness Conference Statement no later than five (5) court days prior 89

16 to the Conference. The Trial Readiness Conference Statement is a Local Form (FL064) available in the Clerk s Office, at Legal Self Help Services, or online at The Trial Readiness Conference Statement shall contain information on the following subjects: a. A specific discovery plan and a time estimate as to when the case will be ready for the filing of substantive Bench/Bar Settlement Conference Statements and a meaningful settlement conference. b. Identification of issues that have been settled and need not be addressed. c. Certification that the parties have filed with the Court proof of service of their preliminary declarations of disclosure. 3. Early Settlement Conference. If the parties and counsel agree that a case may be settled without the necessity and expense of preparing for and appearing at a Bench/Bar Settlement Conference, the Court may set the matter for an early settlement conference before the trial Judge. 4. Subsequent Trial Readiness Conferences. The Court may set subsequent Trial Readiness Conferences before determining that the case is ready to be set for a Bench/Bar Settlement Conference. [Rule 6.22 adopted effective 5/1/98; amended 7/1/15] 6.23 SETTLEMENT CONFERENCE AND TRIAL SETTING When the Court determines at a Trial Readiness Conference that a case is adequately prepared and ready for a meaningful settlement conference, a Bench/Bar Settlement Conference ( BBSC ) shall be set. A. Panel. The BBSC shall be conducted by a panel to be appointed by the Court. B. Attendance. Each party and the trial counsel for each party shall personally attend the BBSC. Counsel and parties are expected to be available for the entire day or until excused by the BBSC Panel. Written approval from the Court must be obtained in advance by any party or counsel requesting to appear telephonically, and such permission will not be given except in extraordinary circumstances. C. Trial Setting Conference. If the parties do not reach a settlement and place it on the record at the BBSC, they will be ordered to appear in court the next day for trial setting. The parties are reminded that under Family Code 2105 they are required to file proof of service of their final declarations of disclosure forty-five (45) days before the date first set for trial. D. Continuances. Settlement conferences and trials may be continued only by order of the Court upon a showing of good cause. [Rule 6.23 adopted effective 5/1/98; amended 7/1/15] 6.24 BENCH/BAR SETTLEMENT CONFERENCE STATEMENT GENERALLY A. Issues and Contentions. Each party shall serve and file a BBSC Statement, which shall set forth the issues and all contentions and positions to be raised at trial by that party. 90

17 B. Filing. At least fifteen (15) court days before the BBSC, the court s ADR coordinator will notify the attorneys or self-represented parties, as the case may be, of the name and mailing address of the assigned Judge Pro Tem and the two BBSC panelists who will serve at that day s BBSC. The parties/counsel shall personally deliver or mail their BBSC statements to the Judge Pro Tem and to the two panelists no later than ten (10) court days before the BBSC. Parties may transmit the BBSC statement electronically only after obtaining consent by the Judge Pro Tem and individual panelists to do so. If neither party submits timely BBSC Statements, the BBSC will be taken off calendar; in that case, the parties are ordered to appear in the assigned department s morning calendar the day after the BBSC was scheduled. At that time, the court will consider a monetary sanction against either or both parties for their failure to comply with BBSC procedures. If one party submits his/her BBSC statement late, the case will not be removed from the BBSC calendar, but the court may sanction the party who fails timely to submit a BBSC statement in the sum of $99 per day payable to the court. No reply shall be filed to the other party s BBSC statement. C. Updated Preliminary Declarations of Disclosure. At the time of filing the BBSC Statements, each party shall update his or her preliminary Declaration of Disclosure as necessary to reflect any material change in income or expenses of the party and any material change in the characterization or value of separate or community property and/or debts. [Rule 6.24 adopted effective 5/1/98; amended 1/1/17] 6.25 FORM AND CONTENTS OF BENCH/BAR SETTLEMENT CONFERENCE STATEMENT A. Form. The Statement shall be entitled "Bench/Bar Settlement Conference Statement." Self-represented parties may obtain a sample BBSC Statement at Legal Self Help Services. B. Contents: Statement of Issues, Property, and Income and Expense Data. The Statement shall set forth the following information in the following order, as it applies to the filing party: 1. Introductory Paragraph. The statement shall contain an introductory paragraph setting forth in summary form the date of the marriage, the date of separation, length of marriage, the names, ages and birth dates of any minor children. The introductory paragraph shall also set forth the parties ages and health, education, business or professional experience, current occupation, a general statement concerning the marital standard of living, and any pendente lite or temporary orders. If there are any special health or other needs of either party or the minor children, those needs shall also be discussed in this paragraph. 2. Separate Property. List each item of separate property, the date it was acquired, the basis upon which it is claimed to be separate property and, if a mixed asset, the basis for apportioning between separate and community. For each asset, state the current market value, the terms and balance of each encumbrance against the property, and the title history to the present of titled property. 91